Georgia Election Board Faces Constitutional Showdown Over Oversight of Secretary of State

In a heated constitutional showdown, Georgia’s appointed State Election Board is at odds with Republican Secretary of State Brad Raffensperger over allegations of mishandling elections. The board, backed by Senate Bill 358, seeks to gain oversight responsibility and investigate Raffensperger’s actions. While Raffensperger argues that this move would be unconstitutional, activists are pushing for an investigation into his audit of Fulton County’s 2020 results.

The dispute stems from Raffensperger’s defense of Georgia’s 2020 election, which saw a narrow victory for Democratic President Joe Biden. Raffensperger’s rejection of former President Donald Trump’s claims of fraud has made him a national figure but also a pariah among Republican activists. These activists continue to pressure Georgia lawmakers, who face elections this year.

The State Election Board deadlocked in December on whether it had the authority to regulate the secretary of state, prompting lawmakers to propose Senate Bill 358. However, Raffensperger’s general counsel argues that granting an unelected board oversight over the executive branch sets a dangerous precedent. Supporters of the bill contend that Raffensperger’s election responsibilities are outlined in state law, allowing for changes through the legislative process.

Critics of the bill, including Raffensperger’s general counsel, warn that it could aid those seeking to overturn legitimate election results and potentially obstruct the certification of Georgia’s 2024 presidential results. They argue that a small group of activists is pushing for de-certification of the 2020 election, with the goal of interfering with future elections.

In addition to oversight powers, lawmakers are also calling for Raffensperger to remove computer codes used to count ballots, patch voting machine software vulnerabilities, and implement more ballot security features. These proposals aim to address concerns about voter trust and ensure accurate and secure elections.

During a Senate committee meeting, Raffensperger and his staff did not appear, in contrast to testimony given by his deputy, Gabriel Sterling, to a House Governmental Affairs subcommittee. Sterling expressed support for measures such as watermarking ballots and conducting stricter after-election audits to enhance election integrity.

Lawmakers are also considering bills to eliminate the use of QR codes in ballot counting, citing concerns that voters cannot verify if the codes match their ballot choices. However, opponents argue that such a move would incur a significant cost to replace ballot printers statewide.

The debate surrounding the oversight of Secretary of State Brad Raffensperger and proposed changes to Georgia’s election processes highlights the deep divisions within the state’s political landscape. As the 2024 presidential election approaches, these issues will continue to shape the future of Georgia’s electoral system.

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